Who bears the lawyer's fees and court costs in this case, and is it permissible to claim compensation for damages?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The original ruling is that court expenses are to be covered by the public treasury (Bayt al-Mal). If it is not possible to obtain them from there, then they are borne by the claimant, unless the adversary is stubborn and his injustice becomes clear, in which case the expenses are borne by the defendant. As for legal fees, the original ruling is that whoever retains a lawyer bears their cost, unless it becomes evident that there was a deliberate aggressor, in which case that aggressor pays all the costs incurred by the one seeking to reclaim their right from him.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/75138
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 75138
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy